AJAY Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition is for grant of regular bail in FIR No.104 dtd. 11/3/2016 under Ss. 148, 302, 307, 333, 353, 186, 120-B, 212, 149 IPC and Sec. 25 of Arms Act, registered at Police Station Ganaur, District Sonepat.

(2.) On 9/11/2021, following order was passed by this Court: - "During the course of arguments, learned counsel for the petitioner has submitted that vide order dtd. 10/3/2021 passed in CRM-M-42678-2020, the petitioner was transferred from District Jail, Rohtak to District Jail, Gurugram as it was admitted by the State that there is every possibility of any untoward incident at any point of time with the petitioner and while allowing the said petition, the petitioner was also directed to furnish an undertaking before the trial Court that he will have no objection for conducting of cross-examination in his absence.

(3.) Learned counsel further submitted that in another FIR, when the petitioner was produced in Court at Sonipat, while he was sitting the custody vehicle, Constable Mahesh opened fire at him with a country made pistol and the petitioner suffered fire arm injury on his head and other part of this body and in this regard, FIR No. 191 dtd. 18/3/2021 under Sec. 307 IPC read with Sec. 25 of the Arms Act was registered against said person. It is also submitted that the present relates to an incident of 11/3/2016, whereas other FIRs, in which the petitioner is referred to as an accused, relate to subsequent years and the petitioner was nominated on the disclosure of other accused.